In Arizona can I fire an employee for testing positive for marijuana?
A recent case involving a major retail chain fired an Arizona employee for testing positive for marijuana despite the fact that they possessed a medical marijuana card and disclosed that information prior to taking a urinalysis. The company claimed that they were protected under the state’s Drug Testing of Employees Act, but the judge ruled that the company couldn’t prove if the employee was impaired at work. It’s advisable that employers do not terminate Arizona employees who hold a valid medical marijuana card based solely off of a positive marijuana drug test result. Companies’ should ensure that they provide employee education and reasonable suspicion training for managers, implement a medical disclosure policy, and establish a documentation process. If a terminated employee later sues for wrongful termination, this documentation and an established process, could be a deciding factor in your case.
Is alcohol detected in urine drug test?
Depending on industry requirements, employers can choose to screen for alcohol in their drug testing panel. Alcohol use can be detected in a urinalysis between 12-48 hours after consuming.
On a hair test and oral fluid panel/test certificates, does CBD fall under cannabinoids?
On a hair test and oral fluid panel/test certificates, does CBD fall under cannabinoids?
YES – Currently, CBD is not listed as an independent substance on any testing panel. DISA drug test (urine, hair, saliva) will screen for THC or cannabinoids.
If an employee uses medical marijuana, can they be terminated if they test positive for marijuana?
Medical marijuana laws vary by state and it’s important that employers address the specific laws that pertain to their company and employees when creating a drug testing policy. Each state has its own system of medical marijuana laws, which may or may not include bills that provide explicit employment protections. For example, in California, legislation allows employers the right to terminate an employee who tests positive for marijuana, even if they hold a medical marijuana card.
In addition to state laws, employers must also address federal standards pertaining to workers’ comp, the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), unemployment benefits, drug-free workplace laws, and state handicap/discrimination laws. Even in states where legalized, the laws do not protect an employee that is impaired while at work, under the influence, or using on the job, especially when working in a safety-sensitive position. While a workplace drug test will detect THC, in most instances, the same test will not determine “impairment.” This is why documenting suspicious behavior and implementing manager training for reasonable suspicion and probable cause will help determine if an employee is impaired while on the job.